Minnesota lawmakers seek to tighten rail safety

When state lawmakers crafted a freight safety bill after February's Norfolk Southern rail crash in East Palestine, Ohio, they never knew the issue would take on new urgency following Thursday's train derailment in Raymond, Minn.

The Minnesota Senate Transportation Committee advanced a safety bill on Friday that would bolster the state's emergency preparedness should a rail accident occur — again.

Twenty-two cars on a 117-car train carrying ethanol and corn syrup derailed in the west-central Minnesota town and caught fire, causing Raymond's 800 residents to temporarily evacuate their homes. They were cleared to return home by midday Thursday.

One of the bill's authors, Sen. Rob Kupec, DFL-Moorhead, said during Friday's hearing that additional training and information for emergency responders "could be the difference between an accident and a disaster."

Several people testified in favor of the bill at Friday's hearing, but no one representing railroad companies was present. John Apitz, executive director of the Minnesota Regional Railroads Association, said Friday the organization "will be working with the author as the bill moves forward, and appreciate his interest in our industry."

The Senate bill beefs up the state's emergency preparedness laws, expands training requirements for emergency managers and incident commanders, provides a timeline for railroads to respond to an incident involving the transport of oil or hazardous substances and adds two state rail safety inspectors, among other provisions. Much of the cost associated with the bill would be paid by railroads and pipeline companies.

Gabe Tweten, Clay County's emergency management director, testified that the derailment in Raymond "is the kind of incident that keeps myself and other emergency managers up at night."

Noting that many emergency responders are volunteers, Tweten applauded the bill's provisions to increase training and information from railroads regarding what hazardous materials are being shipped through local communities.

The bill would also require railroads to contact local emergency officials within 15 minutes of an incident involving oil or hazardous materials, and provide information about any substances released. Within an hour, a railroad employee must be available to "deploy all necessary response resources of the railroad," according to the bill.

Railroads and pipeline companies would be assessed $4 million a year for the enhanced oversight, with rail companies contributing 70% of that amount. Of that amount, $140,000 would pay for extra staffing at the Minnesota Pollution Control Agency.

The Minnesota Department of Transportation (MnDOT) currently has six rail safety inspectors, according to spokesman Jake Loesch. He said railroads are considered private infrastructure, so rail companies are responsible for inspecting and maintaining them.

In addition to Kupec, the bill's authors include Sen. Scott Dibble and Majority Leader Kari Dziedzic, both DFL-Minneapolis. The bill was approved unanimously and now moves to the Senate Committee on Judiciary and Public Safety. A companion bill is expected to be introduced in the House next week.

Rep. Frank Hornstein, DFL-MInneapolis, who chairs the House Transportation Finance and Policy Committee, said Thursday the bills were crafted following the high-profile crash in Ohio.

According to the Federal Railroad Administration, there were at least 1,164 train derailments across the country last year — on average, about three derailments a day. Between 2012 and 2022, there were 344 train derailments in Minnesota, according to Senate testimony.

Concern over the Ohio derailment also spurred a bipartisan bill in Washington, D.C., to be introduced in the U.S. Senate called the Railway Safety Act, which is supported by U.S. Sens. Amy Klobuchar and Tina Smith, both Democrats.

Minneapolis resident Claire Ruebeck, of Citizens Acting for Rail Safety, said federal regulations are not always enforced, so adding safety provisions at the state level would serve as an important backstop.

"Rail safety is vital to our national and the safety of our communities," she said.